OrdinanceNo - PDF document

1 1 OrdinanceNo. AN ORDINANCE
1 OrdinanceNo. AN ORDINANCE OF THE COUNTY OF BUTTE REPEALING AND REPLACINGSECTION Section 1. Section 24172 is repealed and replaced to read follows:Section172Accessory Dwelling Units and JuniorAccessoryDwellingUnits. 2 contains a primary residence, and junior accessory dwellingunits are allowedwithinsinglefamilydwellingsparcelszoned for singlefamily dwellings,with the restrictions setforth below.Restrictions. There are additional standards to be met whenobtaining a building permit for an accessory dwelling unita junior accessory dwelling unit in the StateResponsibilityArearelatedFireHazardReductionandDefensibleSpaceandin the Agricultural Buffer Area, both of which are morefullydescribedbelow.accessorydwellingunitjunioraccessorydwellingunitshallallowedparcelsubject to a Williamson Act contract or located in theTimberProtectionZone.StateResponsibilityAreaTheStateResponsibilityAreaarea identified by the California Department of ForestryandFire Protection(CalFire)beingsubjectmoreseverefires. CalFire has imposed setbacks for this area that areintended to lessen the impact of fire. Butte County hasbeenparticularly hard hit by fires, especially most recent

2 lytheCampFirewhichdestroyedapproximately
lytheCampFirewhichdestroyedapproximately14,000homeskilledindividuals.Requiringgreatersetbacksthisareafirehazardreductionandfordefensiblespacewilllessenthe impact of future fires which is vital to the health and safety of Butte Countyresidents.Agricultural Buffer Area. The Agricultural Buffer Area isareacomposedparcelszonedAgriculture,well300 3 feet adjoining parcels zoned Agriculture located on parcelsnot zoned Agriculture. The area is identified in the ZoningOrdinance,ArticleAgriculturalBuffers.areaidentifieswhereresidentsnegativelyimpactedagriculturalactivities,includingdust,odors,spraying of pesticides. The area is intended to lessen theimpactagriculturalactivitiesnearbyresidentsorderprotectthehealthandsafetythoseresidentsimposinga buffer (setback) that is greater than setbacks imposed Agriculturezones.SiteRequirements.Accessory dwelling units and junior accessory dwellingunitsshall be permitted only on legallycreatedparcels.Accessory dwelling units and junior accessory dwellingunitsthatconformthischaptershalldeemedaccessoryuse or an accessory structure and shall not be consideredexceed the allowable density for the parcel upon which itlocated, and shall be d

3 eemed tobe a residential use thatconsist
eemed tobe a residential use thatconsistentwithexistinggeneralplanzoningdesignations for theparcel.A local agency, special district or water corporation shallimposeanyimpactfeeuponthedevelopmentaccessorydwellingunitjunioraccessorydwellingunitthatless than 750squarefeet.impactfeechargedforaccessorydwellingunit750squarefeetmoreshallchargedproportionatelyrelationsquarefootage 5 additionalaccessorydwellingunitjunioraccessorydwelling unit is notallowed.For a parcel with a multifamily dwelling, two (2) detachedaccessory dwelling units, as well as multiple conversionsareasthemultifamilydwellingthatarenotusedlivablespace, areallowed.AgriculturalWorkerHousingapprovedStateCaliforniaButteCountyshallconsideredaccessory dwelling unit or counted as a primary dwellingunitunder thissection.Relationship to PrimaryDwellingAccessory dwelling units and junior accessary dwellingunitscannot be sold separately from the primarydwelling.The owner of the parcel with a junior accessory dwellingunitshall reside in either the primary dwelling or the junioraccessorydwellingunitpursuantCaliforniaGovernmentCode Section65852.22(a)(2).An accessory dwelling unit may be within, attached to, ord

4 etached from the primary dwelling, while
etached from the primary dwelling, while a junioraccessorydwellingunitshalllocatedwithinsinglefamilydwelling.accessorydwellingunitshallhavekitchen, bathroom facilities, and entrance separate fromtheprimary dwelling, while a junior accessory dwelling unitmayhave separate sanitation facilities or share them with theprimarydwelling.DevelopmentStandards 4 primary dwellingunit.Additionalrestrictionsimposingimpact fees on accessory dwelling units or junior accessorydwellingunitsforthGovernmentCodesection 65852.2(f).Guest houses shall be excluded from the requirements ofthissection and shall be regulated pursuant to Section156(g)(Accessory Uses andStructures).Accessory dwelling units and junior accessory dwellingunitsthatcomplywithallrequirementsthissectionarepermittedon a parcel containing a guesthouse.Accessory Dwelling Unit Types andSizesJuniorAccessoryDwellingUnit:unitthatmeetsdefinitionCaliforniaGovernmentCodeSection 65852.22(h)(1).AccessoryDwellingUnit:A unit that meets the definitionCalifornia Government Code Section65852.2(j)(1).Maximum NumberPermittedFor a parcel with one (1) singlefamily dwelling, one (1)accessory dwelling unit, either attached or detached,

5 or,the parcel is also zoned for singlefa
or,the parcel is also zoned for singlefamily dwellings, one(1)junioraccessorydwellingunitallowed.parcelalreadycontains two (2) or more singlefamily dwelling units, withtheunitsbeingconstructed1995laterunderButteCounty’s Second Dwelling Unit Ordinance, and is located inzonethatonlyallowsone(1)singlefamilydwellingunit,the parcel already contains an accessory dwelling unit, and 6 Standards. The standards for development are as set forththe Zoning Ordinance and the Building Code, unless they aremodifiedbelow. There is no limit on the size of anaccessorydwellingunit.Sewage Disposal and Potable Water Requirements. Theaccessorydwelling unit shall have adequate sewage disposalfacilitiespotablewaterfacilities,determinedtheButteCountyEnvironmental HealthDivision.Setbacks.The setbacks established in the Zoning Ordinanceare applicable, with the followingexceptions:Theresetbackconversionexistingstructure, without expanding the external boundary ofthestructure, to an accessory dwellingunit;If an accessory dwelling unit is constructed outside ofexisting building, the setback from the side and rearlotlines, as required by state low, is four (4) feet, butyou want to be a g

6 ood neighbor, you won’t cram it rig
ood neighbor, you won’t cram it rightnext to your neighbor’s property if there is enough roomto place it somewhereelse;theStateResponsibilityArea,sideandrearsetbackshalllargeenoughaccommodaterequireddefensible space in an effort to ensure public safety,which ranges from thirty (30) to one hundred (100) feet,as specified in state law;andAgriculturalBufferArea,setbackfromboundary of any parcel zoned Agriculture is threehundred 7 (300)feeteffortensurepublicsafety.parcelslocatedAgriculturalBufferArea,detachedaccessorydwellingunitshalllocatedcloseproximitythe primary dwellingunit.Parking. Parking requirements are established asfollows:maximumspaceperbedroomAccessoryDwellingUnit shall be required, whicheverless.Parkingspacesprovidedtandemdriveway,andwithinsetbackareas.Junioraccessorydwellingunitsarerequiredprovideparking.When a garage, carport, or covered parking structure demolishedconjunctionwithconstructionaccessorydwellingunitconvertedaccessorydwellingunit,thoseoffstreetparkingspacesshallnotreplaced.Parkingstandardsaccessorydwellingunitshallnotbe imposed in any of the followinginstances:The accessory dwelling unit is located withinonehalfmile walking d

7 istance of publictransit. accessorydwell
istance of publictransit. accessorydwellingunitlocatedwithinarchitecturally and historically significanthistoricdistrict.iii.The accessory dwelling unit is part of the proposedexistingprimary residence or an accessorystructure.When onstreet parking permits are required but 9 or a junior accessory dwelling unit is the same as for theprimarydwelling.DeedRestrictions.Before obtaining a buildingpermitauthorizing the establishment of an accessory dwelling unit orjunior accessory dwelling unit, the applicant shall dothefollowing:Enter into an agreement of restrictions with the countythatrefers to the deed under which the property was acquiredthe applicant and provides thefollowing:The accessory dwelling unit or junior accessorydwellingunit shall not be soldseparately.The restrictions are binding upon any successorownership of the property and lack of compliancemayresult in legal action by the county against thepropertyowner.Record the agreement with the countyrecorder.Prepare a disclosure statement that shall be included inanyfutureoffer or sale documents. The statement shall readfollows:“You are purchasing a property with apermitfor an (junior) accessory dwell

8 ing unit.Thispermit carries with it cert
ing unit.Thispermit carries with it certainrestrictionsthat must be met by the owner of theproperty.You are prohibited from selling the(junior)accessory dwelling unit separately. Thepermitis available from the current owner orfrom 8 offeredtheoccupanttheaccessorydwellingunit.When there is a car share vehicle located within block of the accessory dwellingunit.Fire Hazard Reduction and Defensible SpaceRegulation.State Responsibility Area. Accessory dwelling unitsbuiltwithintheStateResponsibilityAreaarerequiredcomplywith the defensible space regulations found inCaliforniaCode of Regulations, Title 14. Natural Resources,Division1.5. Department of Forestry and Fire Protection, ChapterFireProtection,SubchapterFireSafeRegulations,ArticleFuelModificationStandards,Section 1276.01. Setback for Structure Defensible Space,SubchapterFireHazard,ArticleFireHazardReduction Around Buildings andStructures.Fire Sprinklers. Outside of the State ResponsibilityArea,firesprinklersshallrequiredunlesstheyrequiredprimaryresidence.StateResponsibility Area, fire sprinklers shall be requiredforall newconstruction.Drainage Improvements: Construction of an accessorydwellingunit may require dra

9 inage improvements that are customaryfor
inage improvements that are customaryforbuildingpermit.The extent and timing of theimprovementsshalldeterminedtheDepartmentPublicWorksshallconformtechnicalstandardsspecifications drainage improvements as adopted by the Board ofSupervisorsRentalTerm:The rental term for an accessory dwellingunit 10 the Butte County Department ofDevelopmentServices.” Section 2. Subsection 46(D) is amended to read asfollows: SectionWatershed protection overlayzone.D. Land Use Regulations. Permitted and conditionallypermitteduses in the WP overlay zone are the same as the basezone,except as specifiedbelow.1. Existing parcel sizes in the Firhaven CreekWatershedshall be maintained. No further division of lotsparcels shall bepermitted.2. Existing zoning shall be maintained within theMagaliaReservoir, Paradise Reservoir, and FirhavenCreekWatersheds. Rezoning to a smaller minimum parcel sizeallowed.3. Prior to the approval of a rezoning ordiscretionarypermit application, the applicant shall demonstratethe satisfaction of the review authority thatthecumulative effects of additional sewage disposalandsurface water runoff resulting from the proposedactionwill not result in any adverse im

10 pacts on thewaterquality of thewatershed
pacts on thewaterquality of thewatershed. Second units and accessory Accessory dwellingunits and any new, modified, or expanded sewagedisposal systems proposed within the WP overlay zoneshall require the approval of a Conditional UsePermit erosion and sediment controlplan 11 5. Clustered development as allowed by ArticleIII,Division 8 (Clustered Development) shall beprohibitedwithin the WP overlayzone. Section 3. Subsection 24172.1(I)(1) is amended to read asfollows: Section 24172.1 Butte County shortterm rentalordinance Second and Accessory Dwelling Units. Both asingle family dwelling that is a primary residence and a second accessory dwelling unit on the same parcel may bepermitted as a shortterm rental. Accessory Dwelling Units asdefined and permitted under Butte County Code Section 24172shall not be permitted for use as shortterm rentals.The administrative permit shall identify each of theunitspermitted as shorttermrentals. Section 4. Subsection 24174(F) is deleted andreserved: Section174TemporaryUses. Temporary MobileHomes. 1. Applicability. A mobile home certified under the1974 National Mobile Home Construction and SafetyStandards Ac

11 t may be placed on any legal parcel in a
t may be placed on any legal parcel in anyresidential zone. 2. Permit Required. Temporary mobile homes requirethe approval of an administrativepermit. 3. Standards. All temporary mobile homes shallcomply with the followingstandards: a. Occupancy of the mobile home shall be limited a close friend or a relative by blood ormarriage. 12 An affidavit attesting to the relationship ofthe involved parties shall be submitted with thepermit application. b. Rent shall not becharged. c. The mobile home may be owned by either theowner of the parcel on which it is placed, or theperson residingtherein. d. The mobile home shall be served byadequate sewer and water facilities, as determined bythe Butte County Environmental HealthDivision. e. The siting of the mobile home shall conform the California ResidentialCode. f. The mobile home is declared to be atemporary use on the property, accessory to the primaryunit and shall not be placed on a permanentfoundation. Additionally, a temporary mobile home shall not permitted on a parcel where there is anapproved second unit and accessory dwellingunit. g. The permit shall be grante

12 d for a term oftwo (2) years. Extensio
d for a term oftwo (2) years. Extensions of the term for thepermit, not exceeding one (1) year for each extension,may be granted if the application for the extension filed within sixty (60) calendar days prior tothe date ofexpiration. h. The mobile home shall be vacated uponexpiration of the permit and removed within one hundredtwenty 13 (120) days after the expiration of the permit. it is not removed within one hundred twenty(120) days, the County shall remove said mobile homeand store it at the owner'sexpense.[Reserved] SectionSection304amended:definition “Accessory Dwelling Unit;” to amend the definition of “AccessoryKitchen;” to add the definition of “Junior Accessory DwellingUnit;”and to repeal the definition of “Second Units and AccessoryDwellingUnits” asfollows:Section304Definitions. AccessoryDwellingUnit.unitthatmeetsdefinition California Government Code Section 65852.2(j)(1). The requirements for an accessory dwelling unit are found in Section172. Accessory Kitchen. A second kitchen that is either attached to detached from the primary dwelling, not associated with second accesso

13 ry dwelling unit, and is used for entert
ry dwelling unit, and is used for entertaining, hobby, used for commercial purposes related to a HomeOccupation. Junior Accessory Dwelling Unit. A unitthat meets the definition California Government Code Section 65852.22(h)(1). Therequirements for a junior accessory dwelling unit are found in Section172. Second Units and Accessory Dwelling Units. An attached ordetached residential dwelling unit which provides completeindependent living facilities for one (1) or more persons in accordancewith the California State Government Code. Second units andaccessory dwelling units provide permanent provisions for living,sleeping, eating, cooking, and sanitation on the same parcel occupied by 14 primarydwelling. Section 6. Section 312 is amended to read asfollows: Section 312 Definitions.Unless the contrary is stated or clearly appears fromthecontext, the following definitions shall govern theconstructionof the words and phrases used in thisarticle: (a) "Single SingleFamily ResidenceHome" is as defined inButte County Code Section 24305.130304 and includes DuplexHome as defined in Butte County Code Section 24305.105304 well as prefabricated homes

14 . It also includessecond Accessory dwe
. It also includessecond Accessory dwelling Dwelling units Units as defined inButte County Code Section 24305.375304, but not guestGuest house House as defined in Butte County Code Section 24 305.175304 (b) "Multifamily residenceMultipleFamily Housingdefined in Butte County Code Section305.120304 (c) "Mobile homeHome" is as defined in Butte County CodeSection 305.280304 and includes modular home as defined inButte County Code Section 24305.288, as well as amanufactured Manufactured homeHousing as defined in Butte CountyCode Section 24304., but not a temporary mobile home asdefined in Butte County Code Section295 (d) "Chargeable space" shall mean all of the coveredandenclosed space determined to be within the perimeter ofcommercial, industrial, office or school structure,notincluding any parking structure. The determination ofthe 15 chargeable space, to be expressed in the number ofsquarefeet, shall be made by the Building Division oftheDevelopment Services Department of the County,accordance with the standard practice of theCounty.“Development” shall mean any project undertaken forthepurpose of development, and includes a projectinvo

15 lvingthe issuance of a permit for constr
lvingthe issuance of a permit for constructionreconstruction, but not a permit tooperate.(f) "Dwelling unit" shall mean any building or mobile home,portion thereof, used or designed for use as a residencean individual or any group of individuals livingtogetherfamily.(g) "More intensive use" shall mean a land use on aparticularparcel of real property or any part thereof which,compared tothe previous land use, involves:moreresidents, employees, students, occupants, participantsother persons onsite; the generation of morevehiculartraffic to and from the site; or any conditioncombination of conditions which create a greater needforjailfacilities. Section 7. The Subsections listed below are amended or deleted specified below to make certain terms consistent asfollows:Subsection 317(d): Delete thesubsection;Subsection 3173(c)(1): Replace “second units” withaccessorydwellingunits;”Subsection 3178(d): Delete thesubsection; 16 Subsection 3192(c)(1): Replace “second units” with“accessorydwellingunits;”Subsection 3197(d): Delete thesubsection;Subsection 3211(c)(1): Replace“second units” with“accessorydwellingunits;”Subs

16 ection 3216(d): Delete thesubsection;Sub
ection 3216(d): Delete thesubsection;Subsection 3230(c)(1): Replace “second units” with“accessorydwellingunits;”Subsection 3235(d): Delete thesubsection;Subsection 3249(e)(1): Replace“second units” with“accessorydwellingunits;”Subsection 3254(f): Delete thesubsection;Subsection 3268(c)(1): Replace “second units” with“accessorydwellingunits;”Subsection 3273(f): Delete thesubsection;Subsection 3292(c)(1): Replace“second units” with“accessorydwellingunits;”Subsection 3297(d): Delete thesubsection;Subsection 3312(c)(1): Replace “second units” with“accessorydwellingunits;”Subsection 3317(d): Delete thesubsection;Subsection 193(L): Replace “primary and secondary dwelling”with“primary residence and an accessory dwellingunit”Subsection 197(A)(4)(g): Replace “secondary dwelling”with“accessory dwelling unit;” 17 Subsection 20133(e)(2)(c): Replace “a second dwelling” with“anaccessory dwellingunit;”Subsection 20133(e)(2)(f): Replace “a second dwelling unit”with“an accessory dwellingunit;”Subsectio

17 n 2412(A): Delete “second unitand;&
n 2412(A): Delete “second unitand;”Subsection 2413(A) Table 241: Delete “Second Units and”fromthe list of ResidentialUses;Subsection 2413(A) Note [4]: Replace “a second dwelling”with“an accessory dwelling unit” and replace “Second unitsandaccessory” with“Accessory;”Subsection 2414(A) Note [2]: Replace “Second Unitsaccessory” with“Accessory;”Subsection 2416(A) Table 241: Delete “Second Units and”fromthe list of ResidentialUses;Subsection 2418(A): Replace “a second unit and” with“an;”Subsection 2418(B): Replace “a second unit and” with“an;”Subsection 2418(C): Replace “a second unit and” with“an;”Subsection 2418(D): Replace “a second unit and” with“an;”Subsection 2418(E): Delete “second unitsand;”Subsection 2418(F): Delete “second unitsand;”Subsection 2418(G): Delete “second unitsand;”Subsection 2418(H): Delete “second unitsand;”Subsection 2418(I): Delete “second unitsand;”Subsection 2418(J): Delete “second unitsand;”Subsection 2418(K): Delete &#

18 147;second unitsand;”Subsection 241
147;second unitsand;”Subsection 2419(A) Table 24Delete “Second Units and”from 18 the list of ResidentialUses;Subsection 2419(A) Note [6]: Replace “a second dwelling”with“an accessory dwellingunit;”Subsection 2420(B) Note [2]: Replace “Second unitsaccessory” with“Accessory;”Subsection 2420(B) Note [3]: Replace “second unit”with“accessory dwellingunit;”Subsection 2422(A) Table 241: Delete “Second Units and”fromthe list of ResidentialUses;Subsection 2426(A): Delete “Second Units and” from the listResidentialUses;Subsection 2429(B) Table 241: Delete “Second Units and”fromthe list of ResidentialUses;Subsection 2493(B)(1) Table 241: Delete “Second Unitsand”from the list of ResidentialUses;Subsection 24172.1(G)(2): Replace “second unit” with“accessorydwellingunit;”Subsection 2664(c): Delete “Second dwellings and accessory”andreplace with“Accessory;” Section 8. CEQA. The Board of Supervisors adopts a CEQAGuidelines Section 15061(b)(3) “Common Sense” exemption. The CaliforniaStateLegislature amended Government

19 Code section 65852.2 andspecifiedin sub
Code section 65852.2 andspecifiedin subdivision (b) “When a local agency that has not adoptedordinance governing accessory dwelling units in accordancewithsubdivision (a) receives an application for a permit to createaccessory dwelling unit pursuant to this subdivision, thelocal 19 agency shall approve or disapprove the applicationministeriallywithout discretionary review pursuant to subdivision (a).Sincesection 65852.2 was amended, Section 24172, “Second unitsandaccessory dwelling units” has not been adopted in accordancewithsubdivision (a) of section 65852.2 requiring Butte County toamendit to make it conform to State Law. The proposed ordinancemodifiesexisting Butte County rules on second dwellings andaccessorydwelling units to incorporate State Law provisions that wouldhaveapplied whether Butte County had a local regulation onaccessorydwellingunits or not. Butte County is not adopting any rulesthatwere not already in effect under State Law or existingCountyCodes. It can be seen with certainty that the adoption ofthisordinance does not change existing law by either increasingdecreasing the regulations concerning accessory dwelling unitsand,ther

20 efore, there is no potential for causing
efore, there is no potential for causing a significanteffecton theenvironment. Section 9. Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is for anyreasonheldinvalidcourtcompetentjurisdiction,suchprovisionshalldeemedseverable,andtheinvaliditythereofshallnot affect the remaining provisions or other applications of theOrdinance which can be given effect without the invalid provisionapplicationthereof. Section10.EffectiveDateandPublication.ThisOrdinanceshalltake effect thirty (30) days after the date of its passage. The Clerkthe Board of Supervisors is authorized and directed to publishthis 20 Ordinancebeforeexpirationfifteen(15)daysafterpassage. This Ordinance shall be published once, with the names the members of the Board of Supervisors voting for and against it,newspapergeneralcirculationpublishedtheCountyButte, State ofCalifornia.PASSEDANDADOPTEDtheBoardSupervisorstheCountyButte,StateCalifornia,thedayJanuary2021thefollowingvote: AYES:NOES:ABSENT:VOTING: ChairButte County Board of SupervisorsATTEST:Andy Pickett, Chief Administrative Officerand Clerk of theBoard Deputy 21 22 23 24